National animals of India needs attention - Sukanya Kadyan

The Government of India introduced Tiger as a National animal, Peacock as bird, Elephant as heritage animal, Lotus as flower and Dolphin as aquatic animal but there are no legislation, code to protect them. Founder Chairman, PFA Haryana Naresh Kadyan, representative of the International Organisation for Animal Protection - OIPA in India moved WP (C) No. 8970 of 2011in the Delhi High Court, to get ban on the Bahujan Samaj Party symbol Elephant being an National heritage animal of India but following order was passed :

'The petitioner has filed the above noted writ petition for ban on Elephant in the election symbol in the elections and praying for that the Union of India and the Ministry of Forest make the guide lines / rule for rehabilitation for the elephant as the elephant is a national heritage animal. The elephant is not comes under the national emblems act, hence the writ petition is dismissed'.

Hence United Nation affiliated OIPA chapter in India and PFA Haryana demanding to introduce strong legislation and code to protect the National animal of India.

This petition was delivered to:

Prime Minister of IndiaHon'ble Sardar Manmohan Sngh

BJP PresidentShri Nitin Gadkari

Member SecretaryOIPA in India

16 more decision makers...

Dr. Anmol Kumar

Vice President of IndiaHon'ble Hamid Ansari

Home Minister of India

President of India, New DelhiHE Smt. Pratibha Devisingh Patil

Minister of Environment and ForestSmt. Jayanthi Natrajan

The Chief Election CommissionerDr. S. Y. Qureshi

Chairperson, National Advisory CouncilSmt.Sonia Gandhi

Dr. Praveen Bhai Togadia

General Secretary, AICCShri Rahul Gandhi

Director, Ainimal Welfare Division

HE The Governor of Haryana

Law Minister of India

Shri Ravi Shankar Prasad

BJP Central Office

Chairman, AWBIMaj. Gen. R. M. Khareb

Smt. Sushma Swaraj

Letter to

Prime Minister of IndiaHon'ble Sardar Manmohan Sngh

BJP PresidentShri Nitin Gadkari

Member SecretaryOIPA in India

Dr. Anmol Kumar

Vice President of IndiaHon'ble Hamid Ansari

Home Minister of India

President of India, New DelhiHE Smt. Pratibha Devisingh Patil

Minister of Environment and ForestSmt. Jayanthi Natrajan

The Chief Election CommissionerDr. S. Y. Qureshi

Chairperson, National Advisory CouncilSmt.Sonia Gandhi

Dr. Praveen Bhai Togadia

General Secretary, AICCShri Rahul Gandhi

Director, Ainimal Welfare Division

HE The Governor of Haryana

Law Minister of India

Shri Ravi Shankar Prasad

BJP Central Office

Chairman, AWBIMaj. Gen. R. M. Khareb

Smt. Sushma Swaraj

The Government of India introduced Tiger as a National animal, Peacock as bird, Elephant as heritage animal, Lotus as flower and Dolphin as aquatic animal but there are no legislation, code to protect them.Founder Chairman, PFA Haryana Naresh Kadyan, representative of the International Organisation for Animal Protection - OIPA in India moved WP (C) No. 8970 of 2011in the Delhi High Court, to get ban on the Bahujan Samaj Party symbol Elephant being an National heritage animal of India but following order was passed :

'The petitioner has preferred this writ petition under Article 226 of the Constitution of India to seek a direction to respondent no.4 i.e., the Chief Election Commissioner to freeze and replace the symbol of respondent no.5 i.e., Bahujan Samaj Party, a political party from Elephant to another symbol. The petitioner also seeks directions to respondent nos. 1 to 3 i.e., the Union of India, Ministry of Law and the Ministry of Environment and Forest to make guidelines, rules for the national heritage animal to protect them from any kinds of abuse, unnecessary pain and sufferings. Other similar reliefs have also been prayed for in the writ petition.

The case of the petitioner is that the Elephant has been declared as a national heritage animal vide notification dated 21.10.2010 issued by the Ministry of Environment and Forests, Government of India. The petitioner submits that on account of the said development respondent no.5 i.e, the Bahujan Samaj Party which has the reserved election symbol of Elephant, cannot be permitted to use the said symbol any longer. The petitioner submits that respondent no.5 during its election campaign has been using the Elephant as a publicity tool.

I do not find any merit in the present writ petition of the petitioner. Neither under the Election Symbols (Reservation and Allotment) Order, 1968 nor under the Emblems and Names (Prevention of Improper Use) Act, 1950 there is any prohibition against the use of Elephant as an election symbol, and there is no legal provision brought to my notice, which supports the petitioner?s submission. The petitioner has himself placed on record a communication dated 24.11.2011 stated to have been issued by the representative of the Bahujan Samaj Party to the Secretary, Election Commission of India wherein respondent no.5 has stated that it is fully ensuring and it will continue to ensure the conditions imposed in the order dated 20.11.1997 - which I am informed is the order whereby the symbol of Elephant was reserved in favour of Bahujan Samaj Party, so as to see that no cruelty is shown to the animal Elephant in any manner, and no live demonstration of that animal is made in any of their election campaigns.

In case there are any specific instances of breach of any of the conditions whereby the symbol of Elephant was reserved in favour of Bahujan Samaj Party, that matter can be agitated in appropriate proceedings. However, that by itself cannot be a reason to deny the use of the reserved symbol by the Bahujan Samaj Party. The mere use of Elephant as a party symbol by a political party does not tantamount to any abuse or cruelty to the Elephant. So far as the aspect of framing of guidelines by respondent nos.1 to 3 are concerned, it is a matter for the said respondents to consider, and no justification is brought forth for issuing any such direction at this stage. Accordingly, the present writ petition is dismissed.

VIPIN SANGHI, J

DECEMBER 23, 2011

Hence United Nation affiliated OIPA chapter in India and PFA Haryana demanding to introduce strong legislation and code to protect the National animal of India / amendment in the Election Symbols (Reservation and Allotment) Order, 1968 along with the Emblems and Names (Prevention of Improper Use) Act, 1950